Fresh Loaf

Rasmussen reports that John Oxendine still leads candidates battling to become the GOP’s gubernatorial nominee. According a telephone survey conducted by the pollster, 27 percent of likely Republican primary voters favor the state insurance commissioner.

The Ox’s© lead, however, has shrunk by four points — and the number of undecided voters has grown. Rasmussen says many likely voters still haven’t formed an opinion about the candidates — which isn’t surprising for a contest that’s still 10 months away.

Here’s how the other pachyderms stack up:

Twelve percent (12%) prefer Georgia Secretary of State Karen Handel, while nine percent (9%) like Congressman Nathan Deal. Handel and Deal were tied at 13% each in the previous survey.

Rounding out the list is State Senator Eric Johnson, State Representative Austin Scott and conservative businessman Ray McBerry, each with three percent (3%) support among primary voters.

Seven percent (7%) favor some other candidate, and 35% are not sure. The number of undecided voters climbed four points from two months ago, suggesting that the race is far from decided.

That “other candidate” favored by seven percent of poll respondents could easily be a Libertarian. Pray to God it’s not this guy. Rasmussen will release details on the Democratic gubernatorial candidates tomorrow.

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Yay! The new issue of The Beacon, the North Fulton weekly newspaper that made headlines for its Obama-in-the-crosshairs cover, has been delivered to my computer screen!

What’s this? A profile of Georgia Secretary of State and 2010 GOP gubernatorial candidate Karen “Bring It On” Handel? I wonder how it’ll start.

“I’ve had to fight for everything my whole life,” says Georgia Secretary of State and GOP gubernatorial candidate Karen Handel. “So this is no different.”

And so begins perhaps the most glowing profile you will ever read about Karen Handel, from now until the day you die.

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Good morning, John Oxendine, Georgia Republican gubernatorial candidate. What bad ideas do you have for us this morning? Oh, you think we should talk about building a “parallel downtown connector” that could plow through most of East Atlanta! OK. Lemme just first clean up all this coffee I spit all over my desk.

Oxendine pitches the idea — along with a Western Bypass, a new Northern Arc, and a couple of other projects that will most likely never get built — in this campaign video.

Building a massive asphalt artery through some of the city’s most vibrant neighborhoods isn’t going to win Oxendine any support inside the perimeter.

But this pie-in-the-sky idea, which will most likely never happen, could win the gubernatorial hopeful points with the North Fulton crowd, a tried and true Republican enclave that’s thought to most likely favor Karen Handel. The Ox says that people who live in the Ga. 400 and I-85 corridors — unlike potential voters in Cobb County — don’t have the luxury of bypassing the city.

But anything to get Georgia out of gridlock, right?

(H/T to Jim Galloway)

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Laura Douglas-Brown of the Southern Voice points our attention to Georgia Secretary of State Karen Handel’s rather blunt stance on gay marriage, expressed several months ago in her “bring it on” campaign video.

Surprise! The GOP gubernatorial candidate opposes the idea and will fight efforts to show respect to gay men and women who’d like to enjoy the same legal rights as straight people! Including divorce!

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On Monday, the Georgia Supreme Court will hear oral arguments over whether touch-screen voting — those controversial courtesy of Diebold that were ushered in after the 2000 presidential election clusterfuck — should be used in the state.

Early voting in downtown Atlanta, October, 2008,

The case stems from a 2006 challenge brought by Garland Favorito, who says the machines don’t produce a recorded ballot — you know, with results — and are open to tampering. (You can read about the plaintiffs’ concerns at Voter GA.)

After the jump, the case summary from the state Supreme Court communications office:

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Erick Erickson, editor of Peach Pundit and RedState, has gotten all Lawnmower Man up in this and rappelled into the darkest depths of the Internet to do some good-ole fashioned sleuthing.

Erick Erickson

For several days, Erickson’s had a sneaking suspicion that someone close to state Insurance Commissioner John Oxendine has been vandalizing Georgia Secretary of State Karen Handel’s Wikipedia entry. Handel and Oxendine are considered front runners in the race that’s still more than a year away.

A few readers — some of whom it’s safe to assume are supporters of Das Ox — questioned Erickson’s motives. (It’s worth noting that he’s a fan of Handel.) But now he’s uncovered some more evidence.

So while I realize the Oxendine supporters will use this as a forum to go after me again for daring to speculate based on the circumstantial evidence at the time, as the Oxendine campaign seems intent on doing, the Oxendine campaign is not out of the woods by a long shot.

I now have the IP address from which RomneyGingrich12 made the changes to Karen Handel’s biography.

That IP address is a State of Georgia IP address that, I understand, connects from the Sloppy Floyd building. Unfortunately, it is also my understanding that it is pretty difficult to tell from there which computer, in fact, uses that particular IP address or it may rotate.

Read a list of more clues over at Peach Pundit.

(Photo by Joeff Davis)

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Christopher Barber, who wants ballot access eased, said we could use this awesome photo of him and one of God's most poetic creatures

For decades, most third-party candidates in Georgia who wanted to gain ballot access have had to circulate petitions and gather signatures. The process has been derided as unfair, unnecessary and an obstacle to public service.

And now, a Libertarian Party of Georgia member has asked Georgia Secretary of State Karen Handel — who’s also a gubernatorial candidate — to ease third-party ballot access in the Peach State.

In a letter sent last Friday to the Secretary of State’s office, DeKalb County resident Christopher Barber — who’s allowed me to reveal his identity as the mysterious “man in the Hawaiian shirt” from previous posts — asks Handel to embrace the Internet and TEAR DOWN THIS WALL.

Barber says allowing potential candidates to petition via e-mail for ballot access would save her department — and in turn, Georgia taxpayers — money.

Judging that Handel has been gung-ho on cutting her department’s waste and keeping elections fair — and considering the allure of winning the kind graces of the burgeoning number of residents who identify with the Libertarian platform — this should make for some interesting theater.

More from the letter — and a copy of the letter itself — after the jump.

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Forgive the Yogi Berra-ness of the following statement, but Libertarian Jason Pye is the person I disagree with most often with whom I agree most often.

Ex. Last night, Pye asked his readers to stop judging Republican Secretary of State and gubernatorial candidate Karen Handel through our usual “elephant vs. donkey” filter. Instead, he wants us to consider Georgia’s restrictive ballot rules; rules that protect the duopoly of Democrats and Republicans against challengers. He’s got a great point.

Pye:

You cannot truly have a fair and open election process until all parties are given the same access to the ballot that Democrats and Republicans enjoy. For those of you who don’t know, Georgia has some of the most restrictive ballot access laws in the United States, behind Oklahoma and West Virginia, with the latter taking steps to improve ballot access this year [. . .] a relaxation of ballot access laws must be passed by the legislature, an endorsement of the idea from the supervisor of elections in the State of Georgia could go a long way and possibly could even open up some dialogue with legislative leaders.

If ballot access and election verification are subjects you find interesting, I recommend you journey into the Pye-hole for a couple minutes.

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Erick Erickson at Peach Pundit (who, on Friday, celebrates his fifth consecutive week of not calling anyone a goat-fucking child molester) has called-out Rep. John Lewis for a bizarre quotation appearing in an AJC story about the U.S. Department of Justice’s rejection of a Georgia voter law.

Lewis describes the rejected election law as:

“an attempt to take us back to another dark period in our history when people were denied access to the ballot box simply because of their race or nationality.”

A slight problem, Rep. Lewis.

We’re supposed to discriminate by nationality at the ballot box.

We don’t vote in foreign elections and foreigners don’t vote in ours. The problem with the state law isn’t that Lithuanians should be allowed to vote in Georgia. The problem, according to the DOJ, is that Georgia’s citizenship filter is inaccurate and unreliable.

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Lt. Gov. Casey Cagle has announced he will drop out of the 2010 governor’s race for health reasons.

“Often times we’re dealt certain cards we have to face,” Cagle told reporters today at a press conference at the Capitol before choking up and leaving the rotunda.

“It is a degenerative spinal condition and treatment will entail significant recovery,” spokesperson Jaillene Hunter later told reporters. She did not elaborate on the name of the condition or the course of its treatment.

In other words, the treatment — which involves surgery — would likely require Cagle to stay off the campaign trail.

Dick Pettys reports Cagle told members of the Senate Republican Caucus that he would run for another term as lieutenant governor in 2010. If so, he’ll face Sen. David Shafer, R-Duluth, and Sen. Eric Johnson, R-Savannah — assuming they remain in the race following this news.

Cagle, a Gainesville Republican, was considered the front-runner to become the GOP nominee for governor. Remaining Republican candidates now include Georgia Secretary of State Karen Handel, state Insurance Commissioner John Oxendine, state Rep. Austin Scott, R-Tifton, and Ray McBerry. Possible candidates include Cobb County Chairman Sam Olens, whom Jim Galloway reports is expected to make an announcement on Friday.

(File photo by Joeff Davis)

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Georgia Secretary of State Karen Handel makes it official:

Handel announced she’d filed the paperwork to begin raising money for the race. Insurance Commissioner John Oxendine and Lt. Gov. Casey Cagle, two other Republicans, started raising money for the 2010 governor?s race last year.

“Our next governor will face many difficult challenges,” Handel said. “I look forward to meeting those challenges with exciting new ideas and a vision that will put us on the path to growth and prosperity.”

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Did I mention that already? In Decatur, where I voted an hour ago, there were no lines; poll workers said people had been filing in all morning long.

The obvious big contests are Georgia’s U.S. Senate seat, Georgia Public Service Commission District 4 and the state Court of Appeals. There are several county elections still undecided, as well.

To find out where you need to go to vote, visit Georgia Secretary of State Karen Handel’s poll locator. Don’t forget to bring photo ID. If you have any questions, contact your county’s election office. Polls close at 7 p.m.

After today — unless we have a recount — all this will be over. We’ll come out holding hands and happy.

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This has been a grueling election cycle. Not only have we been burdened with the impossible task of writing about abstract things like “hope,” “change” and “drilling for oil,” we’ve had to slog through an extra four weeks of attack ads and endorsements long after the rest of the country (except for Minnesota!) had declared their winners.

But the candidates ask you to please — please — return to the polls tomorrow, Dec. 2.

If you didn’t vote on Nov. 4 — or during early voting — you can still vote in the runoff. To find out where to cast your ballot, visit the Georgia Secretary of State Karen Handel’s poll locator. Polls open at 7 a.m. and close to 7 p.m. And be sure to bring one of the six following forms of identification:

• Any valid state or federal government issued photo ID, including a FREE Voter ID Card issued by your county registrar’s office or the Georgia Department of Driver Services (DDS)

• A Georgia Driver’s License, even if expired

• Valid employee photo ID from any branch, department, agency, or entity of the U.S. Government, Georgia, or any county, municipality, board, authority or other entity of this state

• Valid U.S. passport ID

• Valid U.S. military photo ID

• Valid tribal photo ID

Enjoy! Let us know if there are any shenanigans.

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Georgia Secretary of State Karen Handel’s website shows more recent results.

as of 11/19/08

Number of ballots cast :33,555

Number of ballots voted in person: 33,523
Number of mail-in ballots returned: 32

Turn out Demographics:
Black Female 4,548
Black Male 3,565
White Female 11,343
White Male 13,093
Asia-PI Female 69
Asia-PI Male 51
Hisp-Lt Female 59
Hisp-Lt Male 57
Native AM Female 1
Native AM Male 1
Other 768
Total 33,555

Fulton County’s now fourth in turnout. Forsyth is off the list.

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Usually the Libertarians end up siding with Republicans. Not so in the Public Service Commission Dec. 2 runoff between Republican Lauren “Bubba” McDonald and Democratic nominee Jim Powell.

Brandon Givens, the Libertarian challenger for the seat who received the strongest showing by a third-party candidate in the Nov. 4 General Election, has announced his endorsement for Powell in the Dec. 2 runoff.

From the Powell campaign:

“After speaking with Mr. Jim Powell I’ve discovered that he too has the vision for a new system that would allow for both a free market in energy and a growth in green technology,” Givens said in a news release. “Mr. Powell also shares my strong opposition to ex parte communications, the behind-closed-doors dealings between PSC members and the industries they are charged with regulating. He will stand up for transparency in government. I strongly encourage all voters, Libertarian and fiscally conservative to vote for Jim Powell.”

…

“I congratulate Brandon Givens on the strong race that he ran and bringing attention to many of the important issues in this campaign,” Powell said. “I am honored to have his support in the runoff election.”

Powell has also been endorsed by incumbent Public Service Commissioner Angela Speir, former Republican candidate Pam Davidson, and four of the state’s major daily newspapers: the Atlanta Journal-Constitution, the Savannah Morning News. the Rome News-Tribune and the Waycross Journal-Herald.

Powell won the popular vote in both the Democratic primary and the Nov. 4 General Election. He also fought a long and tiresome battle with Georgia Secretary of State Karen Handel over his residency. Just one week before the General Election, the state Supreme Court  ruled he was eligible to run.

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UPDATE: Bah, semantics! Received word that I garbled some of the terminology on the post. It’s been corrected.

Were you one of the 2 million Georgians who enjoyed his or her early voting experience? The long lines, the new friends, the chance you may have ended up as a “missed connection” on Craigs List?

Good news! Absentee and early voting will be available for the Dec. 2 runoff.

After Georgia Secretary of State Karen Handel certifies election results next week, state election maestros and county election officials will start coordinating the runoff.

Matt Carrothers, Handel’s spokesman, told me these details over the phone a few minutes ago:

Early voting is anticipated to begin Nov. 17. According to Handel’s office:

Counties can begin early voting. While it is a county-by-county decision, there should be consistency state-wide.

Advance voting will be held Monday through Wednesday (Nov. 24-26) during the week of Thanksgiving. County election offices are closed Thursday and Friday because of the holiday.

If you voted by mail-in or absentee ballot in the General Election, you’ll have to re-request a ballot. You can download an application at the Secretary of State’s website or pick one up at your county election office. (Or just click here.) To find your county election office, click here. Applications can either be dropped off, mailed, or faxed as well.

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Georgia Democrats are calling for Georgia Secretary of State Karen Handel to extend advanced voting on Saturday and Sunday after computer glitches caused a reported 500 people to wait two hours in line at a Fulton County polling place.

State Rep.-elect Rashad Taylor, D-Atlanta, says poll workers at the Adamsville Recreation Center in Southwest Atlanta told him voter check-in machines couldn’t access the Secretary of State’s system shortly after 7 p.m. on Thursday night. When he arrived at the rec center to assist poll workers, Taylor — who was joined by Atlanta City Council President Lisa Borders, Councilmember C.T. Martin and City Council Clerk Rhonda Johnson — says he saw an estimated 500 people still waiting to cast ballots.

“A few days ago, there was a problem connecting to the system,” the representative-elect says. “This time, there was a problem with the system.”

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The state Supreme Court unanimously ruled today that Public Service Commission Democratic nominee Jim Powell can stay on the ballot.

UPDATE: Grift has some discussion on his site about the ruling, plus the actual opinion. You can also download it here.

Here is the release from the court:

STATE SUPREME COURT AFFIRMS POWELL’S RUN FOR PSC

Atlanta, Oct. 30, 2008 – The Supreme Court of Georgia today upheld James R. Powell’s right to run in Tuesday’s election for a seat on the Public Service Commission.

Secretary of State Karen Handel had appealed a Fulton County Superior Court ruling that sided with Powell and overturned her decision finding Powell ineligible to run based on where he lived. In June 2008, Handel first challenged Powell’s qualifications a month after he filed his intent to run as a Democrat against Republican Lauren McDonald for the PSC District 4 post. She argued that a homestead exemption Powell had on his Cobb County property established an irrefutable presumption of legal residence and proved Powell did not live in the North Georgia district he seeks to represent. In her appeal, Handel argued that under state law, the trial court should have given deference to her interpretation of the law on residency that she is in charge of enforcing.

But in today’s unanimous decision, written by Justice Robert Benham, the Supreme Court disagrees. “It is the role of the judicial branch to interpret the statutes enacted by the legislative branch and enforced by the executive branch…, and administrative rulings will be adopted only when they conform to the meaning which the court deems should properly be given,” 8-page opinion says. The facts of the case are not in dispute, merely the interpretation of the law, the opinion points out.

In 2006, Powell purchased a second home in Towns County, which is in District 4. In 2007, he attempted unsuccessfully to transfer his homestead exemption from Cobb to Towns County, but he missed the filing deadline. Evidence shows Powell spends more than 60 percent of his time in Towns County, where he has voted three times, attends church and pays taxes.

The residency law, which is Section 21-2-217 in the Official Code of Georgia, lists 15 rules for determining a candidate’s legal residence. At least seven apply to Powell, the Supreme Court has found, “but the Secretary’s decision did not take into account any of the applicable rules other than the homestead exemption rule.”

“We agree with the superior court that the Secretary committed an error of law that authorizes reversal of the Secretary’s decision,” today’s opinion says.

More to come.

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U.S. Senate Democratic nominee Jim Martin is touring Georgia in a final push to convince undecided voters. Today, Martin and Public Service Commission Democratic nominee Jim Powell make several stops during the former state lawmaker’s “Road to Change” bus tour.

After the jump, the full list of stops.

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For you political junkies out there **cough**Grift, sara**cough**, here’s the state Supreme Court case summary of the Jim Powell and Georgia Secretary of State Karen Handel residency slugfest. These excellent write-ups are penned by Jane Hansen, the court’s public information officer. She’s a former AJC reporter and two-time Pulitzer Prize finalist.

Monday, October 20, 2008

10:00 A.M. Session

HANDEL V. POWELL (S09A0074)

This appeal stems from a dispute between Secretary of State Karen Handel and James R. Powell, who is running for a seat on the Public Service Commission. Handel is appealing a Fulton County Superior Court ruling that sided with Powell, overturning Handel’s decision that Powell was ineligible to run based on his residency. The Supreme Court agreed to expedite oral arguments in the case.

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A source sends word that the Georgia Supreme Court will hear arguments in the Jim Powell residency kerfuffle on Monday, Oct. 20 at 10 a.m.

Georgia Secretary of State Karen Handel started fighting Powell — the Democratic nominee for the Public Service Commission’s Northern District — shortly before the primary. Even with that cloud hanging over the race, Powell still walked away with 85 percent of the vote. The nominee’s had a tough time raising funds and campaigning because of the legal challenges, but he’s pushed on regardless. (To read CL’s coverage, click here.) No telling if the justices will issue a ruling before the Nov. 4 General Election.

Powell faces Republican nominee Lauren “Bubba” McDonald and Libertarian Party nominee Brandon Givens.

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This is the last time I’ll hector you about it. But if you haven’t yet registered to vote, you have until the end of today to do so at a local registrar’s office or mail in your application.

And to brighten your Monday morning, view the latest early voting statistics after the jump. According to Georgia Secretary of State Karen Handel’s office, 263,408 people have taken advantage of absentee and in-person early voting ballots. African Americans, historically a key demographic for Democrats, have thus far cast 37 percent of those. DeKalb County leads the pack with 28,639 early voters. Fulton and Gwinnett Counties follow with 19,589 and 14,966 ballots cast, respectively.

Handel says she hopes 1 million of Georgia’s 5.5 million registered voters visit the polls before Nov. 4. Help her out and save yourself a headache — find your nearest early voting location here.

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Monday, Oct. 6 is the last day to register to vote. And if you think you’re already registered but haven’t cast a ballot in the last three years, you may be turned away when you try to exercise your right.

There are murmurs that some folks who, after visiting Georgia Secretary of State Karen Handel’s website to see if they’re registered, are told they’re not, and this is one of the reasons listed as why:

You have not had written contact with your board of registrars office within the last 3 years (which includes voting, change of address, updated voter registration application), which would cause your name to be removed from the voter rolls.

Emphasis added. So if you haven’t voted in the last three years — or you’ve been a bad citizen and not written a letter to your dear old friend Karen Handel — you may not be eligible to cast a ballot.

Don’t let that happen to you when you go to vote. Double check your registration status here. It takes less than a minute. Literally. (I found out I’m still registered in Cobb County, so I’ve got to fix that mess.) Tell your friends to do the same. If your status is not listed as “ACTIVE,” contact or visit your local registration office or the secretary of state. You can download a registration application here.

Don’t let one of the most politically exciting times in your life be screwed up by bureaucratic bullshit. You’ve got until Monday, Oct. 6.

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Andre Walker at Georgia Politics Unfiltered reports that three former opponents of Ralph Long, the Democrat who won the state representative district that includes Atlanta, have filed a residency challenge against him with Georgia Secretary of State Karen Handel. Long does not face a Republican challenger in the general election and is therefore the presumptive state Representative-elect.

Paul Lockhart, Tony McCann, and Keisha Waites –who came in 5th, 6th and 2nd in the July 15th Democratic primary respectively [Source: Georgia Secretary of State, Georgia Election Results, July 22, 2008]– claim that Ralph Long “will not have met the Constitutional and Statutory residency requirements for the office of State Representative” and that by claiming to live in the 61st district, Long “intentionally deceived and defrauded the voters of the 61st District.”

The residency challenge also alleges that Long never claimed homestead exemption for his residence and that he did not reside in Georgia for one year prior to his candidacy. The challenge says that based on utility bills, Long was actually living in an apartment in Washington, D.C.

If the challenge to Ralph Long’s residency is successful, it’s expected that a special Democratic primary will be held to fill the vacancy on the Democratic ticket.

To view the residency challenge, click here.

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Jim Powell, the Public Service Commission candidate who’s been both campaigning for a seat on the powerful agency and fighting a residency challenge through Georgia’s legal system, will get his day in state Supreme Court.

The candidate, a former U.S. Department of Energy official, says the court has denied Georgia Secretary of State Karen Handel’s request to send the case back to the Court of Appeals and have placed it on the calendar for November. (I think it’s safe to say they’d hear the case prior to election day on Nov. 4 — it’s early and I’m awaiting confirmation from the court’s spokesperson.)

Powell’s fought a long battle so far. He first faced a residency challenge posed by Bob Indech, his opponent in the July 15 primary. After Powell cleared that obstacle, Handel booted him from the ballot in an eleventh-hour decision. A Fulton County Superior Court judge granted him a stay the day before the primary and he went on to trump Indech 85-15. Since then, it’s been a game of legal ping pong between Powell and the state’s guardian of the polling place. The state’s highest court is where the back-and-forth must end.

“It’s hurting me,” Powell says when asked of the legal battle’s impact. “It’s obviously been a distraction. The biggest disadvantage is in fundraising.”

Distractions aside, he says he’s continuing his campaign. Today’s schedule is nothing but fundraising meetings and phone calls.

To read CL’s ongoing coverage of the Battle of Powell©, click here.

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